Third player in Vanderbilt rape case headed to trial

Brandon Banks, one of four men charged in the rape of an unconscious woman at Vanderbilt University nearly four years ago, was in court Thursday for a motions hearing, further signaling his case is heading toward trial instead of a plea deal.

Banks, 23, and his lawyer, Mark Scruggs, are arguing that some case evidence should not be used against him in trial. Though a plea agreement could be reached at anytime, the motions indicate ongoing preparation for the trial. That's set for June 19.

Thursday's hearing was the first time in years Banks has appeared in court for the case.

Out of the headlines

Police say that on June 23, 2013, four then-football players at Vanderbilt raped an unconscious woman in a dorm on campus. The case put Vanderbilt in the national spotlight scrutinizing how colleges respond to sexual assault, and a federal Department of Education investigation was launched.

Since then, two of the players have been convicted: Brandon Vandenburg, whom the woman was dating, was sentenced to 17 years in prison; and Cory Batey was sentenced to 15 years.

Banks' case, as well as that against co-defendant Jaborian "Tip" McKenzie, have been tracking along in the background.

Following the pair of convictions, plea negotiations to resolve Banks' case began.

McKenzie has testified against his former teammates in hopes of leniency in his own case. It is likely he will do the same against Banks, who he's previously described as a friend so close, they were like brothers.

On Thursday, Banks' lawyer argued that Nashville police illegally searched Banks' cellphone and that evidence seized from it should not be used during his trial.

Scruggs called Nashville Detective Jason Mayo, the lead investigator, to the witness stand. Mayo said he seized Banks' cellphone on June 27, 2013, the day before he obtained a search warrant for Banks' dorm room.

Scruggs argued that the warrant from the next day did not specify the phone could be searched, and said Banks never consented to a search.

"The search warrant makes no particular mention of this phone," Scruggs argued. "They didn't include it in there. ... It's an error is what it is."

Assistant District Attorney General Jan Norman argued that Banks had consented to a search of the cellphone, noting that his lawyer at the time - Grover Collins - gave police two passcodes to access the iPhone. Scruggs said the lawyer could not grant Banks' consent.

Eventually, police bypassed the passcode lock anyway, and used another method to search the phone.

Fourteen images or video thumbnails were found during the search of Banks' phone, Gish has previously testified, saying they show the woman undressed and unconscious and being sexually touched by Banks and Batey.

The other images recovered from Batey's and Vandenburg's phones are expected to play a key role in Banks' trial.

Possible consequences

Like the others, Banks was charged with five counts of aggravated rape and two counts of aggravated sexual battery. If convicted of a single count of aggravated rape, he will receive at least 15 years in prison.